Akshaya Kumar Rath v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 3106 of 2012 Akshaya Kumar Rath ....

Petitioner None -versusState of Odisha & others ....

Opp. Parties Mr. T.K. Praharaj, Standing Counsel

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

21.03.2022 02.

RJ This matter is taken up through hybrid mode.

None appears for the petitioner, when the matter is called.

Earlier on 22.02.2022, none had appeared and the following order was passed:_ "The writ petition is registered on 29.11.2021 before this Court after the O.A. was transferred from the learned Orissa Administrative Tribunal, Cuttack Bench, Cuttack upon its abolition.

On perusal of the available order sheets of the learned Tribunal, it is indicated that the matter was never taken up after 6.02.2013.

The applicant/petitioner was 64 years age when he filed the O.A. before the learned Orissa Administrative Tribunal, Cuttack Bench, Cuttack in the year 2012. Prayer made in the O.A. was to regularize the services of the applicant/petitioner w.e.f. 3.1.2009, i.e. date of superannuation of the

// 2 // applicant being 4.1.2009.

It is submitted by the learned AGA that the relief sought for in the Original Application would time barred as per the provisions of Administrative Tribunals Act, 1985. It is further submitted that nothing would survive for adjudication after a long lapse of ten years after filing of the Original Application.

To grant another opportunity, list on 21.3.2022."

In view of the above, the writ petition is dismissed for non-prosecution granting liberty to the petitioner to revive the same within ninety days for any surviving cause of action.

(M.S. Sahoo) Judge